照本宣科还是娓娓道来——公诉人当庭宣读起诉书制度之反思与重构

Reflection and Reconstruction on the System of the Public Prosecutor Reading out the Bill of Prosecution in Court

公诉人当庭宣读起诉书是我国刑事诉讼审判的必经程序,在大陆法系传统的国家或地区也颇为常见,而这一制度未必能达到预想的效果,反而会产生诉讼效率低下、庭审效果不佳、无法与法庭辩论形成呼应等弊端。作为控方证明行为体系中的开场行为,改革思路应当是将公诉人当庭宣读起诉书改造为为公诉证明构造清晰提纲的开庭陈述。

The public prosecutor reading out the bill of prosecution in court is an inevitable process in criminal procedure of China, which is also widespread in the traditional civil law system. However, this system is not likely to attain the expected result, on the contrary, it can lower the lawsuit efficiency, make the effect of court hearing poor, and cannot act in coordination with court debate. As the opening behavior in the justification behavior system, appropriate reformation of this issue is changing it to opening statement and providing clear outline for the justification.